Any Jacksonville criminal attorney will tell you that you do not need to consent to a search. There are limited circumstances where police may search your home or your vehicle. They must either have a warrant or an exception to the warrant requirement. If a police officer asks to search your car or your house, you do not have to agree. If the police officer has a valid warrant, he or she will be able to conduct the search. If the police officer has an exception to this warrant requirement, he or she will search. Consent is not required in those circumstances. However, if police officers do not have a legal right to search, your consent is required. If they search without your consent and do not have a warrant or valid exception, the judge may rule that the search was invalid. If this is the case, the judge may throw out evidence that was found as a result of the invalid search. This is why police officers will try to obtain your consent to search.
In August, I wrote an article on this Jacksonville criminal defense lawyers website called Florida Marijuana Drug Arrests After Home is Searched. I discussed two arrests in Northeast Florida. The residents of a home were arrested for cultivating marijuana. It appears that the defendants in that case consented to the search. In September, I wrote another article on the Jacksonville lawyers website. It was called Couple Arrested for Felony Drug Charges in Clay County FL. In that case, the same thing happened to a husband and wife in Clay County FL. In the Clay County case, the police obtained a search warrant.
If you have illegal drugs in your house, it is not a good idea to tell police officers that they can search your home. Last week, a Middleburg Florida man consented to a search of his home and police officers found evidence against him that could send him to Florida State Prison. First Coast News of Jacksonville reported:
“A man was arrested Wednesday after detectives found a total of 68 marijuana plants on his property. Thomas Player, 51, is facing a charge of Cultivation of Marijuana, according to a Clay County Sheriff’s Office arrest report. In late June, detectives learned that marijuana was being grown at a home in the 500 block of Kay Road. Detectives went to the home on Wednesday and Player signed a written consent form and proceeded to show them 16 plants in the shed and 22 plants in the rear bedroom. Thirty small marijuana plants were also found in the kitchen, according to the arrest report. Additionally, two large containers of marijuana seeds were found in a refrigerator, as well as a digital scale in a bedroom and a marijuana pipe in the kitchen. Player was arrested and transported to the Clay County Jail.”
Florida possession of marijuana charges can be misdemeanor or felony crimes. In this case, Player was arrested on felony charges due to the cultivation of marijuana and amount of marijuana found in his house. The First Coast News article also mentioned that police found a scale and a pipe. This likely resulted in Florida paraphernalia possession charges.
If you have been arrested for Florida drug charges, talk to a Jacksonville criminal attorney. Whether you were arrested for misdemeanor or felony charges, a drug crime is serious. Call 20 Miles Law at (904) 564-2525 to speak with a Jacksonville lawyer about your case.